Notice for the OJ

 

Action brought on 12 April 2002 by Avex Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-115/02)

    (Language of the case: German)

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 12 April 2002 by Avex Inc., Tokyo (Japan), represented by J. Hofmann, lawyer.

Adolf Ahlers AG, Herford (Germany) was an additional party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

(annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 11 February 2002 (Case No R 634/2001-1) on the registration of the word/figurative sign "a" as a Community trade mark;

(order the defendant to pay the costs.

Pleas in law and main arguments

Applicant seeking Community trade mark:Avex Inc.

Community trade mark sought:The figurative mark "a" for goods in Classes 9, 16, 25, 35 and 41 (inter alia, clothing, shoe-related items, shoes and boots) ( application no 863142

Proprietor of mark or sign right cited

in the opposition proceedings:Adolf Ahlers AG

Mark or sign right cited in

opposition:The German national figurative marks "a" for goods in Class 25 (inter alia, clothing)

Decision of Opposition Division:Refusal of application for registration of mark

Decision of Board of Appeal:Annulment of the decision of the Opposition Division with respect to goods in Classes 9, 16, 35 and 41; affirmation of the decision with respect to goods in Class 25

Pleas in law:(No similarity with the relevant goods in Class 25

(Significant difference from the figurative marks

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